ABSENCE MANAGEMENT POLICY: ABSENCE THROUGH ILLNESS

Transcription

1 18. ABSENCE MANAGEMENT POLICY: ABSENCE THROUGH ILLNESS This section is for information only and does not form part of your contract of employment with the College. The procedures and rules however must be followed by all members of staff. Failure to follow College procedures and rules may lead to disciplinary action Reporting sickness absence If you are unable to report for work due to sickness, injury or incapacity, you must telephone your Head of Department as early as possible on your first day of illness (preferably by the time you would have arrived for work, or earlier if possible), to allow time for cover to be arranged. This includes casual workers who have been booked to undertake a particular shift. Where possible, you should indicate when you expect to be able to return to work. If your Head of Department is not available, a message may be left with a colleague or at the Porters Lodge (Tel: ), but you must also phone back later to discuss your absence PERSONALLY with your Head of Department. Late notification after the first day of absence may mean a delay in payment of College Sick Pay (if applicable) for the day(s) the sickness was not reported Failure to report sickness absence Attempts will be made to contact (by telephone) any member of staff who fails to report their absence to their Head of Department. If this is not possible, the HR Officer will write to the employee to remind him/her of their obligation to contact their Head of Department. The employee will be advised that their continuing failure to contact the College could lead to a loss of pay for that period of absence and, ultimately, to their dismissal. Where an employee still fails to contact their Head of Department, after 5 working days, a further letter will be sent, stating that unless he/she makes contact by a given date (not more than a further 5 working days) their employment will be considered to be terminated as a result of their actions. If it is necessary to terminate the employment, a letter will be sent by recorded delivery, notifying that the employment has been terminated as the result of their action. The date of termination will be the date the letter is received. The employee will not receive payment for the period of un-notified absence, or payment for notice, but will receive payment for any outstanding annual leave. Employees who fail to notify their Head of Department, but return to work before the action described above is taken, will be reminded of the College s notification

2 requirements, and advised that an investigation into their non-attendance will take place to determine whether disciplinary action is needed Certifying sickness absence If you return to work within 7 calendar days you should complete a College Self- Certificate form at your Return to Work Interview with your Head of Department Fit Notes If you are absent through sickness or injury for 8 calendar days or more, you must obtain a Statement of Fitness for Work ( Fit Note ) from a doctor. If the Fit Note states YOU ARE NOT FIT FOR WORK you should telephone your Head of Department as soon as possible, and also send the Fit Note to your Head of Department. If you are given a Fit Note which states that YOU MAY BE FIT FOR WORK you should immediately telephone your Head of Department to discuss any advice your doctor has provided on the Fit Note. Your Head of Department may arrange to meet with you to discuss what actions the College is prepared and able to agree. Any changes to your hours or days of work, duties to be worked (or not worked), together with the timescale for these changes and a monitoring process must be agreed. All changes and details of the monitoring process and review date(s) will be confirmed in writing to you. All GP recommendations for a return to work will be treated as ADVICE ONLY. The College is not obliged to agree, and if it is not practicable to accept the recommendation, or if a risk assessment determines there are risks that are not acceptable to the College, you will be told that the College cannot the advice (giving reasons why not), and the statement You may be fit for work taking account of the following advice will automatically reverts to the statement You are not fit for work. You do not need to go back to your GP for a new Fit Note to confirm this. All hours not worked during your normal working week during any phased return to work or reduced hours agreement will be taken as sickness absence. While you are absent from work due to illness or injury, you must not take on any other work, either paid or unpaid, irrespective of whether you are still receiving College Sick Pay or SSP. You remain an employee of the College and are bound by all of the terms and conditions of your contract of employment. Late production of either a Self Certificate or a Fit Note may result in a delay in payment of College Sick Pay (where applicable), and in some instances, could warrant disciplinary action. The College is required to keep all certificates on file for health and safety reasons Private medical certificates

3 In some circumstances (e.g. a history of exceptional absenteeism), the College may require members of staff to provide private medical certificates from their GP for all sickness absences regardless of their duration. The College may meet the cost of providing these certificates College Sick Pay Employees who are absent through illness, injury or disability, will be paid in lieu of wages according to their length of service as follows: During probationary periods (or any agreed extension to probationary periods): Between 6 months and 12 months service: Over 12 months service No payment of College Sick Pay, but employees may be entitled to SSP. 4 weeks at full pay. Where eligible, College Sick Pay will be paid, provided that: 13 weeks at full pay in any 12-month period. your absence is not attributable to: your own misconduct; participation in any hazardous or extreme pursuits; a self-inflicted injury; any injury caused when working for private gain outside your employment with the College; drug or alcohol abuse. you take all reasonable steps towards recovery; you are not under notice. ABSENCE MANAGEMENT POLICY: UNAUTHORISED ABSENCE All College Sick Pay will be paid at your basic rate of pay. College Sick Pay for part-time employees will be on a pro-rata basis to the full-time working week. In the event that your absence is due to an accident as a result of which you may claim damages from a third party for loss of earnings, you must make such a claim and any award may be offset against any payments made to you by the College. If you are absent through sickness or injury for 13 weeks or more in any 12 month period, although you will receive the entitlement stated above, no further College Sick Pay will accrue until you have completed a further 6 months without absence.

4 At the Bursar s discretion, College Sick Pay may be extended in cases where hardship would be caused by ceasing payments. Payments of College Sick Pay shall be deemed to include any Statutory Sick Pay to which employees may be entitled and shall be in full satisfaction of such entitlement. During any period you are absent from work and not receiving College Sick Pay (e.g. during your probationary period, if you are not eligible for College Sick Pay, or if you have exhausted College Sick Pay), variable payments, such as bonuses, will not be payable. You will cease to accrue contractual annual leave, but will continue to accrue statutory annual leave at a rate of 28 days, inclusive of bank holidays. (NOTE: If you have exhausted your entitlement to College Sick Pay you may still be entitled to receive Statutory Sick Pay.) 18.6 Statutory Sick Pay (SSP) Qualifying days The days staff are scheduled to work as known as qualifying days for the purpose of calculating SSP. They will be agreed with Heads of Departments and may vary from week to week, especially if staff work on a rota system. Employees may be eligible for SSP on the fourth qualifying day in a period of incapacity. The first three days are known as waiting days and there is no entitlement to SSP for these days. Any employee who is ill, will be paid SSP for qualifying days only if they have sufficient entitlement. To qualify for payment of SSP employees must: have earnings at or above the lower earnings limit; have a Contract of Employment. Tax and National Insurance contributions will be deducted from all payments of SSP. Provided they meet the eligibility criteria, employees may be paid SSP for up to 28 weeks of sickness absence in either one period of incapacity for work, or any number of periods linked by 56 calendar days (8 weeks) or less. The government fixes the rate of SSP, which is normally reviewed annually. Any employees whose sickness extends beyond 28 weeks in a period of incapacity for work may be able to claim benefits from the Department for Work and Pensions Monitoring sickness absence All sickness absence will be monitored. Records will be kept showing the duration and reasons for all absences, which will enable the College to identify and address any problems at an early stage.

5 18.8 How the College will deal with sickness absence Heads of Departments will maintain regular contact with any employee who is absent for 8 days or more. This may take the form of a weekly telephone call to enquire about their health, discuss a likely return date, and (if applicable) to consider any adjustments that could be made to assist the employee to return to work. If, at any stage, the College is concerned about an employee s level of absence, the procedure for Frequent and Persistent Short-Term Sickness Absence will be followed. Where employees have been absent for a period of 28 days or over, the College s procedure for Long-Term Absence will apply Return to Work interviews When returning to work after any period of sickness absence, all members of staff are required to attend a Return to Work Interview with their Head of Department. The Return to Work Interview is an opportunity for each employee to explain their absence, and for Heads of Departments to establish if any employee requires any assistance on returning to work. Requests for temporary adjustments to working conditions will be considered and will be accommodated wherever possible, and where circumstances permit. Heads of Departments will also ensure that employees are brought up-to-date about any changes in working practices in their Department. Notes of all Return to Work Interviews (signed by both the employee and their Head of Department) will be placed in the employee s personal file. If for any reason employees find it difficult to discuss their reason(s) for absence with their Head of Department, they will be offered the opportunity of speaking to the HR Officer, or Bursar. These arrangements also apply to Heads of Department who return from sick leave, who will have Return to Work Interviews with the Bursar. The College s Stress Management Procedure will be followed if any employee reports that their absence has been attributed to anxiety, depression, or stress Frequent and Persistent Short-term Absence If, at any time, an employee s sickness absence reaches a level of concern to the College, they may be required to attend a sickness review with their Head of Department/the Bursar, and the HR Officer. The sickness review may be triggered when: There is evidence of pattern related absence, e.g. a tendency to be off on Fridays or Mondays (or equivalent days for those members of staff whose working week changes); Sickness absence is taken immediately before or after annual leave or public holidays;

6 A Head of Department is generally concerned about a level of absence; Absence reaches an excessive level (as calculated by the Bradford Factor) The Bradford Factor The Bradford Factor highlights individuals with excessive levels of frequent and persistent sort-term absence, and is calculated as S x S x D where: S = the number of spells of absence in a specified period and D = the number of days (or hours) of absence in that period. Below are examples of the Bradford Factor scores for three individuals who have been absent for a total of 14 days during a calendar year: Person A who is absent for 1 spell of 14 days would record a score of 14 points Person B who has 7 absences of two days each would amass a total of 686 points: Person C has 14 absences of one day each, and this would amount to 2,744 points: Sickness reviews 1 (1 occasion of absence) x 1 x 14 (the number of days of absence) = 14 points 7 (7 individual absences) x 7 x 14 (the number of days of absence) = 686 points 14 (14 individual absences) x 14 x 14 (the numbers of days of absence) = 2,744 points The College will write to the employee giving notice of the meeting and offer them the opportunity to be accompanied by a work colleague or a trade union representative. The sickness review will aim (as applicable): to identify the frequency and reason(s) for each absence, and ensure that the employee is aware that his/her absence record is giving cause for concern; to encourage the employee to seek proper medical attention if there is an underlying medical problem (e.g. where there is an excessive level of absence or several selfcertified absences which appear to be related); Note: The College may also request a medical report from an employee s GP. Members of staff may also be required to attend an examination by a practitioner at the University Occupational Health Department, so that a second, independent medical opinion can be obtained. (See Medical Reports below.)

7 to verbally warn employees their level of absence is unacceptable and may put their employment at risk; to discuss any practical steps that might be taken to reduce absence levels in the future; to give consideration to any personal or work-related problems, and to possible ways of helping the employee to resolve them; to consider making reasonable adjustments to accommodate any short or long-term requirements for any employee who is considered disabled within the meaning of the Disability Discrimination Act 1995; to set a target for improvement in attendance, and agree a reasonable period of time over which the employee s attendance will be assessed; to indicate what the next step will be if they fail to reach the standard required. (It will be made clear that employees will be expected to meet appropriate attendance targets or face disciplinary action.) to consider whether there are alternative vacancies which the employee would be competent to fill. Note: A refusal to obtain or pass on a GP s report, or to attend a medical examination by a practitioner at the University Occupational Health Department, may lead the College to make a decision based on the available information, and to take disciplinary action against any employee, up to and including dismissal. Following the sickness review a letter will be sent to the employee confirming the discussion, the action(s) to be taken, and (where applicable) the action that may be taken if their attendance does not improve. In some circumstances, the College may require employees to provide private medical certificates from their GP for all absences from work due to sickness, regardless of their duration. The College will reimburse employees fully for the cost of obtaining these Employees should note that the emphasis throughout this process is not intended to be punitive; it is designed to help them to improve their attendance at work. certificates.

8 Following receipt of medical reports, and/or after an agreed period of time, a further sickness review may be arranged. The outcome of the meeting will depend upon individual circumstance and/or the advice received. If employees fail to reach agreed attendance targets, or if medical reports confirm there is no underlying medical reason for their absences, the matter will be treated as a conduct issue and, after the verbal warning above, a first written warning will be issued. Any further failure to reach attendance targets may result in further warnings, leaving ultimately to dismissal, on grounds of misconduct, for failing to achieve satisfactory attendance levels. An employee s length of service, performance, the likelihood of a change in conduct, the availability of suitable alternative work, and the effect the absences are having on their department will all be taken into account when deciding upon the action to be taken. If it is found that an employee is suffering from an underlying medical condition, a reasonable period will be given for treatment. If, however, after treatment, there is no improvement in their attendance, the procedure detailed above will be followed. If at any time, after a period of satisfactory improvement, an employee s sickness absence increases again to an unacceptable level, it may be deemed inappropriate to repeat the procedure for dealing with sickness absence, and the College s disciplinary procedure may be followed. If at any stage during this procedure, any employee is found to be abusing the practice of payment of College Sick Pay, the College s disciplinary procedure will be followed (see Section 11) Long-term absence If any employee has been absent for a period of 28 days, the College will establish an appropriate way of maintaining contact, so that all possible support can be offered to assist the employee to return to work as soon as possible. (This may take the form of weekly phone contact by Heads of Departments and/or personal visits to the employee s home) Sickness reviews At any stage during an employee s absence, (and depending upon the reason for absence), the College may require the member of staff to attend a sickness review with the HR Officer and, (if applicable), their Head of Department. Employees have the right to be accompanied at the meeting by a work colleague or trade union official. The sickness review will aim to establish the likely duration of absence, and to determine an employee s fitness and ability to return to work. Employees may be requested to allow the College to approach their GP in order to establish: the nature of the illness, and likely length of absence;

9 whether there are likely to be any limitations on their employment or attendance, and if so, the extent of those limitations, and an indication of any alternative work they could undertake; whether there is any underlying problem relating to their work; whether the condition has a substantial and adverse long-term effect on their day-today activities and is likely to be regarded as a disability under the definition provided by the Equality Act (See Equality Act 2010 below.) Employees may also be required to attend an examination by a practitioner at the University Occupational Health Department, or they may be referred (either via the College or their GP) for occupational health assessment through the Fit for Work Scheme, so that independent medical opinion can be obtained. (See Medical Reports below.) Note: A refusal to obtain or pass on a GP s report or to attend a medical examination by a practitioner at the University Occupational Health Department or via the Fit for Work scheme, may lead the College to make a decision based on the available information, and to take disciplinary action against any employee, up to and including dismissal. If any employee is too unwell or physically unable to come into College, the Bursar, HR Officer and/or the relevant Head of Department may arrange to visit the employee at home to conduct the interview. After the meeting a letter will be sent confirming the discussion and the action to be taken. Where absence continues, or following receipt of a GP report (and, where applicable, a report from a practitioner at the University Occupational Health Department), a further sickness review will be arranged. The aim of this meeting will be (as appropriate): to discuss the likely duration of the continued absence, and to determine an employee s fitness and ability to return to work; to consider what (if any) assistance can be offered to enable to employee to return to work; to consider making reasonable adjustments to accommodate any short- or long-term requirements for any employee who is considered disabled within the meaning of the Disability Discrimination Act 1995; in the event that the above two steps are impracticable, inappropriate or unreasonable, to inform the employee that their long-term absence due to ill-health may put their employment at risk (bearing in mind the needs of the College at that time); to set a date at which dismissal will be considered if the employee is unable to return to work.

10 If posts can no longer be kept open, and no alternative suitable work is available, employees will be informed of the likelihood of dismissal. If dismissed, employees will be given the required period of notice and informed of their right to appeal the judgement. Throughout any absence, employees may be required to attend periodic examinations by a practitioner at the University Occupational Health Department, and/or an individual s GP, and sickness reviews with the Bursar/HR Officer/their Head of Department. Further action will depend upon medical opinion, the outcome of the discussions and the prospects of an employee s return to work. If an employee is able to return to work: If there is a definite indication, confirmed by medical reports, that an employee will be able to return within the very near future, their employment may be allowed to continue at the College s discretion. It may be necessary to make some changes, either in the short- or long-term, to assist them in their rehabilitation and return to work. This may include, for example, agreeing a phased return to work, temporarily reassigning some of their duties to other members of staff in the department, or temporarily changing their working hours. Note: If a phased return to work is agreed, the hours or days that are not worked will either be deducted from the employee s entitlement to College Sick Pay (where applicable), taken as holiday from an employee s annual leave entitlement, or unpaid. If an employee is not able to return to their own job, but could undertake alternative employment: The medical report(s) will be discussed, and the employee will be informed that it will not be possible to keep their job open. Possible alternative employment that an employee feels capable of undertaking will be discussed, together with any retraining needs. The Bursar will make every effort to find suitable alternative employment within the College, taking into account the individual s medical condition. However it is not necessary to create a post, and recruitment to any job identified may be subject to competition. If an employee is unable to return The medical report(s) will be discussed and they will be informed if it will not be possible to keep their job open. Where applicable, the provisions of Disability Discrimination Act 1995 will be taken into account. Note 1: There may be occasions when there is no reasonable

11 to their post, or to alternative employment in the foreseeable future: adjustment that will enable an employee to return to their original job. If reasonable adjustments or alternative employment are not viable options and there is no likelihood of return to work in the near future, a decision to dismiss may be the inevitable outcome. (See Termination of Employment below.) Note 2: Employees who are members of the Cambridge Colleges Federated Pension Scheme, may be entitled to make a claim for illhealth benefit from the Scheme s Permanent Health Insurance.

12 If independent medical opinion suggests that an employee is able to return to work, but they feel unable to do so: Termination of Employment The medical report(s) and their reasons for not feeling able to return to work will be discussed. An employee s agreement will be obtained for a copy of the report to be sent to their GP. If they feel unable to return to any form of employment and further medical evidence has not been received to contradict the medical opinion that they are able to return to work, the employee will be advised that on the basis of the medical report, they are assumed to be fit to resume employment. If the employee does not return within a week, appropriate notice of termination of their employment will be given, and their right of appeal will be explained. If an employee s long-term absence continues, and termination of their employment appears the only option, a Capability Hearing will be convened. The employee will be offered the opportunity to state their case and to be accompanied at the hearing by a work colleague or trade union official. When making the decision, the Bursar will take into account the employee s role in the College, the need for the work to be done, the available medical advice, the likely length of the employee s continuing absence, and the interests of the College at the time. At this point, unless there are reasonable grounds to believe that there will be an improvement in the foreseeable future, the Bursar may terminate the employment by reason on incapability. The Bursar will confirm the decision in writing including the reason for dismissal with notice and the date upon which the dismissal is effective Appeals Any employee who is dismissed may appeal against the dismissal by writing to the Master stating the reason(s) for their appeal, within 14 working days of the receipt of their dismissal letter. Appeals will be heard in accordance with the College s disciplinary appeals procedure. This right also applies to action short of dismissal, such as transfers, demotion or a change of duties Notice Periods Unless stated otherwise in a contract of employment, if the College terminates someone s employment, they will be entitled to the following statutory period of notice of termination of employment (or payment in lieu):

13 Amount of Service After 4 weeks, but less than 2 years continuous service Notice Required 1 week 2 12 years continuous service 1 week for each complete year of service 12 years continuous service or more 12 weeks (capped) Where it has been decided to dismiss an employee who has been on long-term sickness absence, the normal conditions for giving notice will notice will apply, even though in practice the employee will be unable to work the notice. In these circumstances, the employee will receive wages in lieu of notice as a lump sum Return of College equipment For operational reasons, the College may require employees who are off sick for an extended period of time (e.g. one month or more) to return any College equipment (e.g. keys in limited circulation) until they are well enough to return to work Medical reports The College has the right to request a medical report from an employee s GP, but must comply with the requirements of the Access to Medical Reports Act This Act stipulates that the employee must give written consent to the report being obtained. It also gives the employee a number of rights, including the right of access to the report before it is sent to the College, and the right to refuse its supply to the College. Employees may also be required to attend an examination by a practitioner at the University Occupational Health Department, so that a second, independent medical opinion can be obtained. If an employee refuses to co-operate in providing medical evidence, or to undergo an independent medical examination, they will be told in writing that a decision about their employment will be taken on the basis of the information available (e.g without the benefit of medical opinion), and that it could ultimately result in dismissal. Any refusal may also prejudice any right to College Sick Pay The Equality Act 2010 Employees who become disabled as a result of sickness are afforded certain employment rights if they have a long-term impairment that lasts (or is likely to last) for more than 12 months that has a substantial impact upon a person s ability to carry out their normal

14 day-do-day activities. The Equality Act 2010 requires the College to consider a number of reasonable adjustments to enable an employee to continue working. The types of reasonable adjustments the College may consider include: making physical adjustments to workplace; allocating some of the person s duties to another person; transferring the person to another vacant post, with or without reasonable adjustments being made; altering the person s working hours; providing special equipment to assist the disabled person to perform his or her tasks, and training in the use of the equipment. It will be the Bursar s responsibility to consider whether it is reasonable for the College to comply with any medical advice in terms of cost and practicability Risk Assessment There is no law that requires employers to assist every ill or injured employee in their workforce to return to work. However the Health and Safety at Work Act 1974 requires the College to undertake a risk assessment when someone returns to work after illness if: there has been a significant change to employees as a result of injury, ill health or disability that makes them vulnerable to additional risks; adjustments are being introduced that could affect the work and health of others Employment Law The Employment Rights Act 1996 requires the College to adopt fair procedures before dismissing employees on grounds of sickness. The Employment Act 2002 (Dispute Regulations) 2004 requires the College to adopt the statutory minimum dismissal procedure if a decision to dismiss is made Data Protection Act Notes All sickness absence data kept and processed by the College has to comply with the Data Protection Act If an absence record contains specific medical information relating to an employee, this is deemed sensitive data and the College has to satisfy the statutory conditions for processing such data. The College s Data Protection Policy can be found in Appendix W and is also available on the College website: Employees will be invited to all formal meetings by letter, which will set out the reason(s) for each meeting. Outcomes of all meetings will be confirmed in writing.

15 The HR Officer or a second Head of Department will be invited to attend formal meetings to act as a witness and note-taker. The College will, throughout this procedure, take all the individual circumstances of every case into account, particularly in relation to the timing of decisions (including a decision to dismiss). This procedure is not intended for dealing with situations where poor performance is intentional, or where employees are abusing College Sick Pay and leave. These situations will be dealt with through the College s Disciplinary Procedure. This procedure is for guidance only, does not form part of employees contractual rights and may be subject to revision from time to time.